Legal Question in Wills and Trusts in Illinois

Breaking a Will

Under what circumstances can a Last Will be broken in Illinois?

A friend died recently leaving her house jointly to her 2 daughters. Her Will named the youngest as Executor since she had lived with and cared for her mother for over 20 years. The mother had agreed to quit claim the house to her younger daughter who had cared for her but cancer took over before that was done. The younger daughter had been responsible for cleaning, maintenance, etc. of the house and had invested much money in improvements to the house. The oldest daughter never helped care for the mother or assist in any way. Now she wants 1/3 of the value of the house. The younger daughter cannot afford to do this. Is selling the house (in today's ghasly market) the only thing that can be done? Or can the younger daughter/Executor challenge the Will? She is still awaiting the death certificates so has not talked with an attorney yet but I am very worried for her.

Asked on 3/21/09, 8:38 pm

1 Answer from Attorneys

Diane Ainsworth Ainsworth & Associates PC

Re: Breaking a Will

[Disclaimer-nothing in this response is to be viewed as legal advice or as creating an attorney-client relationship]

A valid will cannot "be broken" anywhere. And why should it be. The property never belonged to your friend in the first place so why does she believe she is entitled to it? Her mother did what she wanted to do with property that belonged to her. Her sister is giving her a deal. She should take it.

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Answered on 3/22/09, 7:39 am

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